Background

• Andrews was charged by indictment in July 2003 with rape, aggravated assault, two burglaries, theft by taking, and three robberies.
• He pled guilty nonnegotiated to all eight counts on November 18, 2003, with the trial court imposing multiple concurrent sentences including life for rape and 20-year terms for several counts.
• In December 2003, Andrews, pro se, moved to withdraw his plea alleging misrepresentation and ineffective assistance of counsel.
• The trial court treated the pro se filing as a motion to withdraw the guilty plea and conducted an evidentiary hearing.
• The court found merger issues for some counts were waived by the guilty plea and that the sentences did not exceed statutory maximums, denying withdrawal.
• Andrews appealed, challenging effectiveness of plea counsel and whether duplicitous counts should have merged for sentencing.

Issues

Key Cases Cited

• Wilson v. State, 302 Ga. App. 433 (Ga. App. 2010) (withdrawal requires manifest injustice; burden on state to show plea knowingly entered)
• Carson v. State, 314 Ga. App. 225 (Ga. App. 2012) (plea waiver of merger rights by nonnegotiated plea)
• Regent v. State, 306 Ga. App. 616 (Ga. App. 2010) (nonnegotiated plea waives merger challenges)
• Brown v. State, 280 Ga. App. 767 (Ga. App. 2006) (trial court not bound by sentencing recommendations)
• James v. State, 309 Ga. App. 721 (Ga. App. 2011) (burden to show counsel deficient and reasonable probability of trial)
• Sims v. State, 299 Ga. App. 698 (Ga. App. 2009) (standard for ineffective assistance in plea withdrawal)
• Jones v. State, 287 Ga. 270 (Ga. 2010) (trial court credibility determinations on counsel performance)
• Jackson v. State, 288 Ga. App. 742 (Ga. App. 2007) (mere dissatisfaction with sentence not evidence of deficient counsel)
• McKiernan v. State, 286 Ga. 756 (Ga. 2010) (timeliness and notice considerations for motions to withdraw pleas)
• Watson v. State, 307 Ga. App. 839 (Ga. App. 2011) (notice and timing in withdrawal motions)